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“EWC: A PERSPECTIVE IN PROGRESS” (For social plan only). EWC of GEPS Europe FEM FIM-FIOM-UILM TUSCANY REGION. E.W.C. Dir. 94/45. National workers’representative Dir. 98/59. Double Role. AIM (goal) Cooperation between national workers’ representative and E.W.C. REASONS
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“EWC:A PERSPECTIVE IN PROGRESS”(For social plan only) EWC of GEPS Europe FEM FIM-FIOM-UILM TUSCANY REGION
E.W.C. Dir. 94/45 National workers’representative Dir. 98/59 Double Role
AIM (goal) Cooperation between national workers’ representative and E.W.C. REASONS 1. Multinational’s restructuring indirectly involves further factories (even if located in other UE states). 2. The E.W.C. is the competent authority to dialogue with the decision making head of the undertaking (Central management). Aim & Reasons
E.W.C.’s consultation (art.2, lett.f., Dir. 94/45) “Exchange of views and establishment of dialogue between employees’ representatives and central management or any more appropriate level of management” Dir. 98/59 (art.2) “Where an emploer is contemplating collective redundancies he shall begin consultations with the workers’ representative with a view to reaching an agreement”. Two proposals # 1 Real situation DIRECTIVE 75/129’s CONSULTATION RIGHT IS BETTER THAN DIRECTIVE 94/745’s CONSULTATION RIGHT
Two proposals Proposal Improvement of E.W.C.’s consultation by means of amendment of: either the Directive 94/45; or the E.W.C. agreement.
Two proposals # 2 Real situation Dir. 75/129: Information and consultation procedure. Dir. 94/45:None of information and consultation procedure in case of social plan. E.W.C. should be consulted and informed as workers’ representatives at national level (as Dir. 98/59, art.2) The following procedure involve: either an amendment of EWC agreement. or the approval of a particular agreement.
# 2 Two proposals Proposal of procedure Dir. 98/59 procedure Our proposal E.W.C. should be consulted and informed as workers’ representatives at national level (Dir. 98/59) Management factory Central management multinational Common decision. Collective redundancies in the factory Inf./cons. national workers’ representative Inf./cons. E.W.C (even if the redundancies involve only one state) Same time Start of inf./cons. procedure Start of inf./cons. procedure BETWEEN BETWEEN Continuative contacts Management at national level Central management AND AND Continuative contacts National workers’ representative E.W.C. Pursuit of a common decision Attempt to reach an agreement with management at national level Proposal to the central management